" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

10–

OFFICE OF CONGRESSIONAL ETH

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Standards of Official Conduct 

on July 30, 2010 

and released publicly pursuant to H. Res. 895 of t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
House of Representatives Office of Congressional Ethics Review No. 10–5477 


steuser on CDPSPC2PFRM with REPORTS
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

58–389 

" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

2010

10–

OFFICE OF CONGRESSIONAL ETH

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Standards of Official Conduct 

on July 30, 2010 

and released publicly pursuant to H. Res. 895 of t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
(II) 

OFFICE OF 

CONGRESSIONAL ETHICS 

BOARD 

UNITED STATES HOUSE OF REPRESENTATIVES

ONE HUNDRED ELEVENTH CONGRESS

DAVID SKAGGS, Chair 

PORTER GOSS, Co-Chair 

YVONNE BURKE 

KAREN ENGLISH 

ALLISON HAYWARD 

JAY EAGEN 

WILLIAM FRENZEL 

ABNER MIKVA 

Leo J. Wise, Chief Counsel & Staff Director 

Kedric L. Payne, Investigative Counsel 


steuser on CDPSPC2PFRM with REPORTS
(1) 

REPORT 

Review No. 10–5477 

The Board of the Office of Congressional Ethics (the ‘‘Bo

a vote of no less than four members, on July 23, 2010, ado

following report and ordered it to be transmitted to the Co

on Standards of Official Conduct of the United States H

Representatives. 

SUBJECT: Representative Robert B. Aderholt 

NATURE OF THE ALLEGED VIOLATION: In 2009, Re

ative Robert B. Aderholt participated in a Congressional De

to Bosnia-Herzegovina, Belarus, Lithuania, and Greece. Du

trip, he received a travel per diem for meals and incide

penses with an approximate value of $941.00. A public st

attributed to Representative Aderholt indicated that he m

retained excess per diem allocated for meals and incide

penses. In addition, these public statements indicate that 

have retained per diem during other trips. 

If Representative Aderholt’s actual meal and incidental 

for foreign travel were less than the per diem received an

not return the excess per diem, he may have violated Ho

10, clause 8; House Rule 23, clauses 1 and 2. 

RECOMMENDATION: The Board recommends that t

mittee on Standards of Official Conduct further Review th

allegations. 

VOTES IN THE AFFIRMATIVE: 6 

VOTES IN THE NEGATIVE: 0 

MEMBER OF THE BOARD OR STAFF DESIGNAT

PRESENT THIS REPORT TO THE COMMITTEE ON 

ARDS OF OFFICIAL CONDUCT: Leo Wise, Staff Director 

Counsel. 


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TABLE OF CONTENTS 

I. INTRODUCTION .....................................................................................

A. Summary of Allegations ..............................................................

B. Jurisdictional Statement .............................................................

C. Procedural History ......................................................................

D. Summary of Investigative Activity ............................................

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THAT REPRESE

ATIVE ADERHOLT RECEIVED PER DIEM IN EXCESS OF HIS 

TUAL MEAL AND INCIDENTAL EXPENSES DURING CERT

CODELS AND RETAINED THE EXCESS PER DIEM ....................

A. Applicable Law, Rules, and Standards of Conduct ...................

1. House Rules ..............................................................................

2. Federal Travel Regulation and Other Guidance ....................

B. Representative Aderholt Made Public Statements Indicating T

He May Have Retained Excess Per Diem ...............................

C. Representative Aderholt’s Use of Per Diem for Expenses O

Than Meals and Incidentals Provides Substantial Reason to 

lieve That He Had Excess Per Diem and He Did Not Re

Excess Per Diem ........................................................................

D. Estimates of Representative Aderholt’s Meal and Incidental 

penses Provide Substantial Reason to Believe That His Ex

Per Diem Was More Than a De Minimis Amount for Cer

CODELs .....................................................................................

E. Representative Aderholt Did Not Return Any Excess Per D

for Meals and Incidental Expenses ..........................................

1. CODEL Hastings ......................................................................

2. CODEL Inhofe ..........................................................................

3. CODEL Cardin (2009) ..............................................................

4. CODEL Cardin (2010) ..............................................................

III. CONCLUSION ..........................................................................................

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN ....................


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(3) 

1 Rules of the House of Representatives, 111th Cong. Rule X, Clause 8, adopted u

5, 111th Cong. (January 6, 2009). 2Letter from the Speaker of the House to House Committee Chairmen, dated M

(Exhibit 1 at 10–5477l002). 3Memorandum of Interview of Commission on Security and Cooperation in E

Manager (‘‘CSCE Office Manager MOI’’) (Exhibit 2 at 10–5477l006); Memorandum 

of House Committee on Foreign Affairs Travel Coordinator (Exhibit 3 at 10–5477

Memorandum of Interview of House Armed Services Committee Travel Coordinato

at 10–5477l014). 

FINDINGS OF FACT AND CITATIONS TO LAW 

Review No. 10–5477 

On July 23, 2010, the Board of the Office of Congression

(the ‘‘Board’’) adopted the following findings of fact and 

panying citations to law, regulations, rules and standard

duct (in italics ). The Board notes that these findings do 

stitute a determination of whether or not a violation act

curred. 

I. INTRODUCTION 

1. The Rules of the 111th Congress were adopted by 

House of Representatives on January 6, 2009. Rule 10, c

provides that House Members and staff on official foreign t

ceive reimbursement for their official expenses at the less

the applicable per diem; or (2) the actual expenses incur

Rules of the 110th Congress included the identical provis

this rule, Members of the House imposed on themselves a 

ment that per diem in excess of actual expenses is to be r

The Speaker of the House recently underscored this requ

and restated the rule that ‘‘[a]ny per diem provided to m

or staff is intended to be expended only for official 

related to the trip. Excess funds are to be returned 

Treasury. . . .’’ 2

2. During this Review, various committees which autho

eign travel and the U.S. Department of State all informed 

fice of Congressional Ethics (‘‘OCE’’) that many Members 

use per diem properly, comply with the rule and return ex

diem. The House Committee on Foreign Affairs, the Hou

mittee on Armed Services, the Commission Security and 

tion in Europe, and the Bureau of Legislative Affairs of 

Department of State each has staff responsible for collec

recording the return of excess per diem from Members a

According to the officials, Members and staff routinely re

cess per diem to these entities. 3

3. Notwithstanding the rule and the compliance by man

bers and staff, several Members claimed that it is common 

by some to use per diem for purposes other than official 

and to retain excess per diem. While this practice may se


steuser on CDPSPC2PFRM with HEARING
4Memorandum of Interview of Representative Robert Aderholt, June 23, 201

MOI’’) (Exhibit 5 at 10–5477l018); Brody Mullins & T.W. Farnam, ‘‘Lawmake

Change,’’ Wall St. J. March 2, 2010 (Exhibit 6 at 10–5477l023). 5 According to the Resolution, the Board must vote on whether to conduct a secon

view in a matter before the expiration of the 30-day preliminary Review. If the Boa

a second-phase, the second-phase begins when the preliminary Review ends. The s

Review does not begin on the date of the Board vote. 6 Id. at § 1(c)(2)(A)(ii) (2008). 

consistent with the rationale for a per diem approach to 

travel expenses without need for itemized accounting, it 

less appears to be contrary to the rule the House adopted 

which many Members evidently do comply. The Board det

that fairness dictates upholding the standard stated in the 

adhered to by many, rather than excusing a practice of no

ance, however pervasive. 

4. Representative Aderholt acknowledged publically be

commencement of the OCE’s Review that he did not re

diem. During the Review, he acknowledged that he used p

for expenses other than meals and incidentals, indicating 

had excess per diem. 4

A. SUMMARY OF ALLEGATIONS

5. Based on the information presented before the Office 

gressional Ethics (‘‘OCE’’), there is substantial reason to 

that Representative Robert B. Aderholt may have violate

Rule 10, clause 8; House Rule 23, clauses 1 and 2, by reta

cess per diem when his actual meal and incidental expen

less than the per diem that he received during various 

sional Delegation trips (‘‘CODELs’’). 

B. JURISDICTIONAL STATEMENT

6. The allegations that were the subject of this Review 

Representative Aderholt, a Member of the United State H

Representatives from the 4th District of Alabama. The Re

the United States House of Representatives adopted crea

OCE directs that, ‘‘[n]o review shall be undertaken . . 

board of any alleged violation that occurred before the date 

tion of this resolution.’’ The House adopted this Resolu

March 11, 2008. Therefore, the conduct under Review 

after March 11, 2008. 

C. PROCEDURAL HISTORY

7. The OCE received a written request for a preliminary 

in this matter signed by at least two members of the B

April 12, 2010. The preliminary Review commenced on A

2010. The preliminary Review was scheduled to end on 

2010. 

8. At least three members of the Board voted to initia

ond-phase Review in this matter on May 11, 2010. Th

phase Review commenced on May 14, 2010. 5 The second-p

view was scheduled to end on June 28, 2010. 

9. The Board voted to extend the 45-day second-phase R

an additional 14 days on June 21, 2010, as provided for u

Res 895. Following the extension, the second-phase Rev

scheduled to end on July 12, 2010. 6


steuser on CDPSPC2PFRM with HEARING
7Letter from Representative Robert B. Aderholt to Leo Wise, dated July 21, 201

at 10–5477l025–026). 8 H. Res. 895, 110th Cong., Section 1(c)(1)(A) (2008) (as amended). 

10. Representative Aderholt submitted a written state

the Board, under Rule 9(B) of the OCE’s Rules for the Co

Investigations, on July 21, 2010. 7

11. The Board voted to refer the matter to the Comm

Standards of Official Conduct for further Review and adopt

findings on July 23, 2010. 

12. This report and findings in this matter were transm

the Committee on Standards of Official Conduct on July 3

D. SUMMARY OF INVESTIGATIVE ACTIVITY

13. The OCE requested documentary and testimonial 

tion from the following sources: 

(1) Representative Aderholt; 

(2) Commission on Security and Cooperation in 

(‘‘CSCE’’); 

(3) CSCE Office Manager; 

(4) House Committee on Foreign Affairs; 

(5) House Committee on Foreign Affairs Travel Coo

(6) House Committee on Armed Services; 

(7) House Committee on Armed Services Travel Coo

(8) Bureau of Legislative Affairs of the United States 

ment of State; and 

(9) United States Air Force Congressional Liaison Of

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THA

RESENTATIVE ADERHOLT RECEIVED PER DIEM 

CESS OF HIS ACTUAL MEAL AND INCIDENTAL EX

DURING CERTAIN CODELS AND RETAINED THE 

PER DIEM 

14. The Board recognizes that the per diem rule cont

House Rule 10, clause 8 is under the jurisdiction of th

Committee on Rules. 

15. Based on the facts presented before the Board, th

tions in this Review also implicate House Rule 23, clause

2, which are under the jurisdiction of the Committee on S

of Official Conduct. 

16. Regardless of which committee the House determin

propriately address these issues, the OCE has jurisdictio

view alleged violations of ‘‘any law, rule, regulation, or othe

ard of conduct applicable to the conduct of [a] Member, o

employee in the performance of his duties or the dischar

responsibilities.’’ 8

A. APPLICABLE LAW, RULES, AND STANDARDS OF CONDU

1. HOUSE RULES

17. Pursuant to House Rule 10, clause 8(b): 

‘‘The following conditions shall apply with respect to t

outside the United States or its territories or possessions 


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9 41 C.F.R. § 300–3.1 (emphasis added). 

10 Id. 11 Id. 12 Id. 

(2) A member or employee shall be reimbursed for the exp

of such individual for a day at the lesser of— 

(A) the per diem set forth in applicable Federal law; or 

(B) the actual, unreimbursed expenses (other than for 

portation) incurred during that day.’’ 

18. Pursuant to House Rule 23, clause 2: 

‘‘A Member, Delegate, Resident Commissioner, officer, 

ployee of the House shall adhere to the spirit and the lett

the Rules of the House and to the rules of duly constitute

mittees thereof.’’ 

19. Pursuant to House Rule 23, clause 1: 

‘‘A Member, Delegate, Resident Commissioner, officer, 

ployee of the House shall conduct himself at all times in 

ner that shall reflect credibility on the House.’’ 

2. FEDERAL TRAVEL REGULATION AND OTHER GUIDANC

20. House Rule 10, clause 8(b), incorporates by reference F

law governing the use of per diem. Specifically, Public Law 9

governs per diem provided to congressional travelers. Per die

are established under 5 U.S.C.§ 5702 and the Federal Trave

lation, 41 C.F.R. chs. 300–304. 

21. The ‘‘per diem allowance (also referred to as subsistenc

lowance) is a daily payment instead of reimbursement for act

penses for lodging, meals, and related incidental expe

The per diem allowance is separate from transportation expe

and other miscellaneous expenses.’’ 9

22. Lodging expenses include ‘‘expenses, except lodging tax

the United States, for overnight sleeping facilities, baths, per

use of the room during daytime, telephone access fee, and ser

charges for fans, air conditioners, heaters, and fires furnishe

room when such charges are not included in the room rate.’’ 

23. Meal expenses are ‘‘expenses for breakfast, lunch, dinn

related tips and taxes (specifically excluded are alcoholic bev

and entertainment expenses, and any expenses incurred for o

persons).’’ 11

24. Incidental expenses are ‘‘(1) Fees and tips given to port

baggage carriers, bellhops, hotel maids, stewards or steward

and others on ships, and hotel servants in foreign countries; 

Transportation between places of lodging or business and pla

where meals are taken, if suitable meals cannot be obtained a

TDY site; and (3) Mailing cost associated with filing travel v

and payment of Government sponsored charge card billings.

25. ‘‘Per Diem consists of two components: the lodging rate 

the M&IE. Per diem rates are established by the Department 

State for foreign cities. The foreign per diem rates are establi

monthly by the Department of State based on actual reported 

of hotel, meals and incidental expenses in individual cities a

the world. Therefore, routine expenses are usually well within 


steuser on CDPSPC2PFRM with HEARING
13 United States Department of State Bureau of Legislative Affairs, Official Fo

Guide for the U.S. Congress. (Exhibit 8 at 10–5477l046). 14 41 C.F.R. § 301, Appendix B. 15 House Rule 10, clause 8. 16 Brody Mullins & T.W. Farnam, ‘‘Lawmakers Keep the Change,’’ Wall St. J., M

(Exhibit 6 at 10–5477l023). 17 Id. 18 Aderholt MOI (Exhibit 5 at 10–5477l018–019 

per diem rates and it is sufficient to authorize per diem paym

based on those rates.’’ 13

26. Under the Federal Travel Regulation, the allocation of 

and incidental expenses (‘‘M&IE’’) rates that are used in mak

ductions from the M&IE are as follows: 15% for breakfast, 25

lunch, 40% for dinner, and the remainder for incidental expe

For example, if the M&IE for a specific city was $100 per day

was allocated as $15 for breakfast, $25 for lunch, $40 for din

and $20 for incidental expenses. 14

27. According to The United States Department of State B

of Legislative Affairs Official Foreign Travel Guide publishe

the U.S. Congress, Members are advised the following: 

28. The House has adopted a general rule for all committe

per diem allowance (the set rates) in excess of actual expenses 

not be retained. 15

B. REPRESENTATIVE ADERHOLT MADE PUBLIC STATEMEN

INDICATING THAT HE MAY HAVE RETAINED EXCESS PER D

29. On March 2, 2010, the Wall Street Journal published 

cle entitled ‘‘Lawmakers Keep the Change.’’ 16

30. Statements attributed to Representative Aderholt in 

cle indicated that he may have retained excess per diem 

received during CODELs. 

31. According to the article: ‘‘One lawmaker on the tr

Robert Aderholt (R. Ala.) said he didn’t return cash. ‘I do

up with it penny for penny,’ he said.’’ 17

32. As described below, in his interview with the OC

resentative Aderholt reiterated that he did not return per 

did he monitor precisely how it was spent. 18

C. REPRESENTATIVE ADERHOLT’S USE OF PER DIEM FOR E

OTHER THAN MEALS AND INCIDENTALS PROVIDES SUBSTANT

SON TO BELIEVE THAT HE HAD EXCESS PER DIEM AND HE 

RETURN EXCESS PER DIEM

33. Representative Aderholt told the OCE that he: 


steuser on CDPSPC2PFRM with HEARING
19 Id. at 10–5477l018. 20 Id. at 10–5477l017. 21 Id. at 10–5477l018. 22 Id. 23 Id. at 10–5477l019. 24Letter from the Speaker of the House to the Secretary of State dated March 5, 2

9 at 10–5477l049). 25 Aderholt MOI (Exhibit 5 at 10–5477l018). 

a. does not recall receiving any instructions about 

tions on the use of per diem during CODELs; 19

b. believed that per diem could be used for any expe

curred during the CODELs; 20 and 

c. perceived the consequence of such expenditures w

he had less per diem to spend on his lodging, meals, 

dental expenses. 21

34. Representative Aderholt used the per diem for 

other than lodging, meals, and incidentals. 

35. Specifically, he used the per diem for gifts for fami

bers, such as leather goods, t-shirts, dolls, and post cards. 2

36. In addition, Representative Aderholt’s wife attended 

CODELs and he appears to have allocated per diem to pay 

and other expenses incurred on her behalf. In particula

ceived several bills from military escorts for meal and o

penses incurred on his behalf and on behalf of his wife, w

paid using the per diem from the trip after returning from 

evant CODEL. 23

37. Spouses of Representatives may travel on CODELs, b

travel at no expense to the government. 24

38. Representative Aderholt’s use of the per diem for 

other than his personal meals and incidental expenses 

that his actual meal and incidental expenses were less than 

diem that he received. 

39. As a result, there is substantial reason to believe t

resentative Aderholt had excess per diem for certain CODE

D. ESTIMATES OF REPRESENTATIVE ADERHOLT’S MEAL AN

DENTAL EXPENSES PROVIDE SUBSTANTIAL REASON TO 

THAT HIS EXCESS PER DIEM WAS MORE THAN A DE MINIMIS 

FOR CERTAIN CODELS

40. Representative Aderholt told the OCE that he did 

a complete record of expenses that he incurred on CODELs 

attended during the time period from March 2008 to May 

41. Based on the information before the OCE, the exact 

of his meal and incidental expenses for each CODEL is u

42. Consequently, the OCE must use an estimate of exp

determine whether it appears that Representative Ader

tained excess per diem that was more than a de minimis 

43. The OCE Board notes that the sole purpose of the e

meal and incidental expenses is to determine if there is su

reason to believe that the Member had excess per diem t

more than a de minimis amount. The estimates are not 

to be used to conclude the exact amount of any excess p

that the Member may have retained. 


steuser on CDPSPC2PFRM with HEARING
26 Id. 27 Id. 28 Id. 29Letter from Representative Aderholt to Leo Wise, dated July 21, 2010 (Exhi

5477l026). During this Review, Representative Aderholt provided the OCE with a 

expenses that he received from a military escort following CODEL Inhofe in Dec

The bill indicates that he has a balance of $120.82 of per diem remaining after 

penses and that this amount is owed to the U.S. Treasury. Representative Aderho

find a record of him returning this amount to the U.S. Treasury, but he submitte

this amount to the U.S. Treasury on July 20, 2010. 30 Aderholt MOI (Exhibit 5 at 10–5477l018). 

44. If an estimate is not used, a House Member or st

impede the enforcement of Rule 10, clause 8, by simply n

taining any records of his or her actual expenses. 

45. Representative Aderholt’s description of his typical m

incidental expenses provides the basis for estimating his e

46. Representative Aderholt’s meals during CODELs fall 

following three categories: 

a. meals that were provided to him at no charg

meals include working lunches, and official dinners th

hosted as part of the official events of the CODELs; 26

b. meals that were paid for by military personnel 

the CODEL whom Representative Aderholt later reim

Multiple Members of Congress and staff attended the

and a military escort (e.g., U.S. Air Force official) pai

dinner on behalf of all participants and then sent an 

to each person for their portion of the bill. The invoice 

cludes in-flight meals provided during travel on mili

craft, which are typically less than $10 each; and 

c. meals that Representative Aderholt directly paid 

self. He explained that such meals occurred but w

usual. 27

47. As a result, the invoice received from the military es

each CODEL provided an estimate of the majority of meal 

incurred by Representative Aderholt. 

48. With respect to incidental expenses, Representative 

told the OCE that he used per diem for taxis, howev

ground transportation was provided at no cost to him. He a

the per diem for tips and dry cleaning. 28

E. REPRESENTATIVE ADERHOLT DID NOT RETURN ANY EXCE

DIEM FOR MEALS AND INCIDENTAL EXPENSES

49. Representative Aderholt is not aware of any instanc

returning excess per diem to the U.S. Treasury prior to 

view. 29

50. He does not recall receiving any guidance from any

cerning the return of excess per diem. 30

51. Procedures were in place at the time of Repres

Aderholt’s travel for him to return any excess per diem. 

52. The relevant CODELs that Representative Aderholt 

were all organized by the Commission on Security and Coo

in Europe (‘‘CSCE’’), except for CODEL Inhofe. 

53. The Office Manager of the CSCE is responsible for r

the amount of per diem that Members received and recor

excess per diem that Members of Congress or staff retur

told the OCE that he had received excess per diem from Re


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31 CSCE Office Manager MOI (Exhibit 2 at 10–5477l005). 

atives and staff for various CODELs, which was returned 

by checks made payable to the U.S. Treasury. 31

54. The Office Manager forwards the checks to a specifi

at the U.S. Department of State who is responsible for rece

turns of excess per diem. 

55. There is substantial reason to believe that Repres

Aderholt had excess per diem for certain CODELs and he 

return per diem, even when there were procedures in place 

to return the per diem. 


steuser on CDPSPC2PFRM with HEARING
32M&IE Per Diem calculated using travel itineraries; the monthly per diem rates 

by the Office of Allowances, United Sates Department of State; and where appli

vouchers and travel authorization letters. 33 Estimated expenses were calculated using the ‘‘Allocation of M&IE Rates to 

Making Deductions from the M&IE Allowance,’’ which lists the amount of per di

to be allocated for breakfast, lunch, dinner, and incidentals. 41 C.F.R. ch. 301 App. B

34See Letter from the Speaker of the House to the Secretary of State dated Ma

(Exhibit 9 at 10–5477l049); Itinerary for CODEL Hastings (June 28 to July 3, 20

10 at 10–5477l051–059); and monthly per diem rates established by the Office of 

United States Department of State <available at http://aoprals.state.gov/w

perldiem.asp>. 35 Itinerary for CODEL Hastings (June 28 to July 3, 2008) (Exhibit 10 at 10–5477

36See 41 C.F.R. ch. 301, App. B. 

56. Although, the available evidence does not establish t

amount of actual expenses for Representative Aderholt’s C

after estimating meal and incidental expenses, there is su

reason to believe that Representative Aderholt retained ex

diem from the following CODELs: 

Summary of Estimated Excess Per Diem 

CODEL DATE M&IE Per 

Diem32

Estimated 

Expenses 33Exc

CODEL Hastings to the United 

Kingdom, Kazakhstan, Pakistan, and 

Italy Jun 27 to Jul 3, 

2008 

$1,108.00 ≅ $629.00 

CODEL Inhofe to Africa, 

Afghanistan, and the United 

Kingdom Dec 2 to Dec 7, 

2008 

$435.00 ≅ $329.00 

CODEL Cardin to Bosnia, Lithuania, 

and Belarus Jun 26 to Jul 3, 

2009 

$941.00 ≅ $428.00 

CODEL Cardin to Morocco, Spain, 

and Austria Feb 12 to Feb 

20, 2010 

$1,280.00 ≅ $775.00 

Total $3,764.00 ≅ $2,161.00 

1. CODEL HASTINGS

57. During CODEL Hastings to the United K

Kazakhstan, Pakistan, and Italy, Representative Aderholt 

enhanced per diem for meals and incidental expenses 

amount of $1,108.00. 34

58. According to the CODEL itinerary, at least five meal

to have been provided at no cost to Representatives who 

the CODEL. 35

59. Representative Aderholt’s meal and incidental expen

were incurred are estimated on the Federal Travel Regulat

cation formula. 36

60. The estimated amount of meals and incidental exp

$649.00. 


steuser on CDPSPC2PFRM with HEARING
37 Itinerary for CODEL Inhofe (December 2 to December 7, 2008) (Exhibit 

5477l061–064); and Expense Sheet to Representative Aderholt for CODEL Inhofe 

at 10–5477l066). 38 Expense Sheet to Representative Aderholt for CODEL Inhofe (Exhibit 12 at 10–

61. Accordingly, the estimated excess per diem is $459.00

Codel Hastings to the United Kingdom, Kazakhstan, Pakistan, and Italy 

(June 27 to July 3, 2008) 

Meals & 

Incidentals 

Jun 27 Jun 28 Jun 29 Jun 30 Jul 1 Jul 2 

Breakfast ≅ $35 ≅ $24 Hosted Hosted Hosted ≅ $19 

Lunch ≅ $58 ≅ $39 ≅ $39 Hosted Hosted ≅ $32 

Dinner ≅ $92 ≅ $63 Hosted Hosted Hosted ≅ $52 

Incidentals ≅ $46 ≅ $31 ≅ $31 ≅ $31 ≅ $31 ≅ $26 

M&IE Received 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

62. There is substantial reason to believe that Repres

Aderholt had excess per diem that he did not return to 

Treasury. 

2. CODEL INHOFE

63. During CODEL Inhofe to Africa, Afghanistan, 

United Kingdom, Representative Aderholt received an e

per diem for meals and incidental expenses in the am

$435.00. 37

64. According to an expense sheet that the military esc

Air Force) provided, three meals were provided at no cost 

resentative Aderholt. 38


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65. The military escort, sent the expense sheet to Repres

Aderholt for the remaining meals. The total meal ex

$314.18. 

66. The amount of per diem for meals and incidental 

remaining after the meal expenses is $120.82. 

67. The Air Force expense sheet indicates that the ex

diem of $120.82 is owed to the U.S. Treasury. Repres

Aderholt is uncertain if he paid the excess per diem to 

Treasury, but he searched and did not produce any reco

U.S. Treasury payment. As a result of this Review, Repres


steuser on CDPSPC2PFRM with HEARING
39Letter from Representative Aderholt to Leo Wise, dated July 21, 2010 (Exhi

5477l025–026). 40See 41 C.F.R. ch. 301, App. B. 41 Estimate does not include costs for trip supplies, hospitality rooms, tips, refres

transaction fees that may have been covered by the military at no cost to the Membe

42See Letter from the Speaker of the House to the Secretary of State dated Ju

(Exhibit 13 at 10–5477l068–069; Itinerary for CODEL Cardin (June 26 to July 3

hibit 14 at 10–5477l071–079); and monthly per diem rates established by the Off

ances, United States Department of State <available at http://aoprals.state.gov

perldiem.asp>. 

Aderholt submitted a check in the amount of $120.82 to 

Treasury on July 20, 2010. 39

68. Representative Aderholt may have incurred incide

penses in addition to those in the Air Force expenses shee

expenses can be estimated based on the Federal Travel Re

allocation formula. 40

69. The estimated amount of additional incidental exp

$63.00 

70. Accordingly, the estimated excess per diem is $106

OCE Board acknowledges that this estimated amount of ex

diem is lower than the $120.82 that the military escort i

is excess per diem, as the OCE’s estimate accounts for in

expenses that the military escort did not include. 

Codel Inhofe to Africa, Afghanistan, and the United Kingdom 

(December 1 to December 7, 2008) 

Meals & 

Incidentals Dec 1 Dec 2 Dec 3 Dec 4 Dec 5 Dec 6 

Breakfast --- $7.85 In 

flight 

Billed Billed Billed Hosted 

Lunch --- Billed Billed Billed Billed Hosted 

Dinner $7.85 In 

flight 

Hosted Hosted Billed Billed Billed 

Incidentals $0.00 ≅ $26 $0.00 ≅ $16 $0.00 ≅ $23 

M&IE Received 

Billed Meals 41 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

71. There is substantial reason to believe that Repres

Aderholt had excess per diem for CODEL Inhofe that he 

return to the U.S. Treasury. 

3. CODEL CARDIN (2009)

72. During CODEL Cardin to Bosnia, Lithuania, and 

Representative Aderholt received an enhanced per diem f

and incidental expenses in the amount of $941.00. 42

73. Representative Aderholt’s wife attended the COD

diem is only for a Representative’s personal lodging, meals


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43 Itinerary for CODEL Cardin (June 26 to July 3, 2009) (Exhibit 14 at 10–5477

44 Aderholt MOI (Exhibit 5 at 10–5477l019). 45See 41 C.F.R. ch. 301, App. B. 

cidental expenses and cannot be used for expenses incurre

half of a Representative’s spouse. 

74. According to the itinerary for CODEL Cardin, at le

teen meals appear to have been provided at no cost to Rep

tives who attended the eight-day trip. 43

75. Following the CODEL, Representative Aderholt o

military escort $233.71 for meals and other expenses that 

curred on behalf of Representative Aderholt and his w

check in that amount from his personal bank account wa

the escort, Lt. Mitchell McGuffie, dated July 22, 2009. 

76. Representative Aderholt does not know the amoun

penses included within the $233.71 that were incurred on 

his wife. Based on expenses for his wife for CODEL Cardi

below, a reasonable estimate is that half of these expenses 

her, i.e., $116.86. 

77. Representative Aderholt may have incurred meal a

dental expenses in addition to those owed to the militar

These expenses are estimated on the Federal Travel Regul

location formula 45 and the schedule for meals on th

itinerary that appear to have been provided at no cost 

resentatives traveling on the CODEL. 

78. The estimated amount of additional meal and incid

penses is $311.00. 


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46 Estimate does not include costs for trip supplies, hospitality rooms, tips, refres

transaction fees that may have been covered by the military at no cost to the Membe

47See Itinerary for CODEL Cardin (February 12 to February 20, 2010) (Exhib

5477l083–091); and monthly per diem rates established by the Office of Allowan

States Department of State <available at http://aoprals.state.gov/web920/perldiem

79. Accordingly, the estimated excess per diem is $513.00

Codel Cardin to Bosnia, Lithuania, and Belarus 

(June 26 to July 3, 2009) 

Meals & 

Incidentals 

Jun 26 Jun 27 Jun 28 Jun 29 Jun 30 Jul 1 Jul 2 

Breakfast --- $7.75 

In flight 

Hosted Hosted Hosted Hosted Hosted 

Lunch --- ≅ $35.00 Hosted Hosted Hosted Hosted Hosted 

Dinner $7.75 In 

flight 

≅ $57.00 ≅ $64.00 Hosted Hosted Billed Hosted 

Incidentals ≅ $0.00 ≅ $28.00 ≅ $32.00 ≅ $32.00 ≅ $32.00 ≅ $32.00 ≅ $32.00 

M&IE Received 

Billed Meals 46 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

80. There is substantial reason to believe that Repres

Aderholt had excess per diem for CODEL Cardin that he 

return to the U.S. Treasury. 

4. CODEL CARDIN (2010)

81. During CODEL Cardin to Morocco, Spain, and Aust

resentative Aderholt received per diem for meals and incid

penses in the amount of $1,280.00. 47

82. Representative Aderholt’s wife attended the COD

diem is only for a Representative’s personal lodging, meals

cidental expenses and cannot be used for expenses incurre

half of a Representative’s spouse. 

83. According to the itinerary for CODEL Cardin, at le

teen meals appear to have been provided at no cost to Rep

tives who attended the nine-day trip. 

84. Following the CODEL, Representative Aderholt o

military escort $569.18 for meal and other expenses that 

curred on behalf of Representative Aderholt and his w

checks from his personal bank account were sent to the es

Mitchell McGuffie, both dated March 8, 2010. 


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48 Check from Robert B. Aderholt and Caroline M. Aderholt to Lt. Mitchell McG

amount of $292.74, dated March 8, 2010 (Exhibit 17 at 10–5477l094). 49 Check from Robert B. Aderholt and Caroline M. Aderholt to Lt. Mitchell McG

amount of $276.44, dated March 8, 2010 (Exhibit 17 at 10–5477l093). 50 Aderholt MOI (Exhibit 5 at 10–5477l019). 51See 41 C.F.R. § 301, Appendix B. 

85. One check was in the amount of $292.74, and the m

reads ‘‘C. Aderholt Codel Cardin.’’ 48

86. The second check was in the amount of $276.44, 

memo line reads ‘‘R. Aderholt Codel Cardin.’’ 49

87. Representative Aderholt told the OCE that he beli

separate checks may be for expenses incurred on behalf of 

who attended the trip (Caroline Aderholt) and expenses inc

his behalf. 50

88. Representative Aderholt may have incurred meal a

dental expenses in addition to those owed to the militar

These expenses are estimated on the Federal Travel Regul

location formula 51 and the schedule for meals on th

itinerary that appear to have been provided at no cost to 

resentative. 

89. The estimated amount of additional meal and incid

penses is $499.00. 


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52 Estimate does not include costs for trip supplies, hospitality rooms, tips, refres

transaction fees that may have been covered by the military at no cost to the Membe

53 House Ethics Manual (2008) at 12. 

90. Accordingly, the estimated excess per diem is $505.00

Codel Cardin to Morocco, Spain and Austria 

(February 12 to February 20, 2010) 

Meals & 

Incidentals 

Feb 12 Feb 13 Feb 14 Feb 15 Feb 16 Feb 17 Feb 18 Feb 1

Breakfast --- ≅; $24 Hosted Hosted ≅ $24 ≅ $33 Hosted Hoste

Lunch --- ≅ $40 ≅ $37 Hosted Hosted Hosted Hosted Hoste

Dinner Hosted Hosted Hosted Hosted Hosted ≅ $87 Hosted Hoste

Incidentals $0.00 ≅ $32 ≅ $29 ≅ $32 ≅ $32 ≅ $43 ≅ $43 ≅ $4

M&IE Received 

Billed Meals 52 

Estimated for Additional M&IE 

Estimated Excess Per Diem 

91. There is substantial reason to believe that Repres

Aderholt had excess per diem for CODEL Cardin that he 

return to the U.S. Treasury. 

III. CONCLUSION

92. Pursuant to House Rule 10, clause 8, House Mem

posed on themselves a restriction on the use of per diem fo

travel. Specifically, House Members and staff may recei

bursement for expenses that is the lesser of: (1) the applic

diem; or (2) actual expenses. 

93. Pursuant to House Rule 23, clause 2, House Memb

adhere to the spirit and the letter of the rules. Accordingl

Rule 10, clause 8, requires the return to the U.S. Treasur

per diem that a Member receives that is in excess of the M

actual expenses. 

94. Pursuant to House Rule 23, clause 1, House Memb

conduct themselves at all times in a manner that sha

credibility on the House. Representative Aderholt’s publ

ments indicate that he may have retained excess per die

result, if there is a violation, it implicates House Rule 2

1 because it may be considered flagrant. 53

95. Based on the information available to the OCE du

Review, Representative Aderholt’s meals and incidental 

were less than the per diem he received to cover these 

during the following CODELs: CODEL Inhofe; CODEL Wa

Schultz; CODEL Cardin (2009); and CODEL Cardin (2010)

96. Based on the information available to the OCE du

Review, Representative Aderholt did not return any ex

diem for meal and incidental expenses. Therefore, there is 


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tial reason to believe that he may have violated House 

clause 8; House Rule 23, clauses 1 and 2. 

97. For these reasons, the Board recommends that th

mittee on Standards of Official Conduct further Review th

described allegations concerning Representative Aderholt. 

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN

98. The OCE requested information from the U.S. Depar

State concerning letters of authorization for certain COD

records of Representative Aderholt returning excess per di

U.S. Department of State was cooperative with retrieving t

mation but was unable to acquire proper authorization to 

the documents to the OCE before the end of this Review. 

99. The OCE requested information from the U.S. Air Fo

gressional Liaison Office concerning meal and other expe

curred on behalf of Representative Aderholt and reimbu

Representative Aderholt. The U.S. Air Force Congressiona

Office was cooperative with discussing the information w

staff but was unable to acquire proper authorization to rel

documents to the OCE before the end of this Review. 


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